State v. Marsh
| Decision Date | 12 December 1945 |
| Docket Number | 581 |
| Citation | 36 S.E.2d 244,225 N.C. 648 |
| Parties | STATE v. MARSH. |
| Court | North Carolina Supreme Court |
Criminal prosecution upon warrant issued out of Recorder's Court of Columbus County on 14 May, 1945, charging defendant with two criminal offenses: (1) Trespass upon the lands of E. M. Walters after being forbidden to do so, G.S. s 14-134, and (2) assault upon E. M. Walters.
On trial in said court defendant was convicted, and by judgment was given prison sentence. He appealed to Superior Court, and on trial therein, at June Term 1945, defendant pleaded guilty to each count.
Thereupon the court entered judgment that defendant be imprisoned for thirty days on each count and be assigned to work the public highways under direction and supervision of the State Highway and Public Works Commission--the sentences to run consecutively--the latter to begin upon the expiration of the first. But that execution of these sentences are suspended upon the following terms and conditions:
'1. That defendant be of good behavior and not violate any criminal laws of the State of North Carolina and the United States of America for a period of two years.
'2. That the defendant not be seen in the presence of or speak to Mrs. E. M. Walters for a period of one year from this date.
'3. That the defendant pay to the Clerk of Superior Court of Columbus County on or before the first day of the next term the sum of three thousand dollars to be paid by the said clerk to E. M. Walters in full settlement of any and all claims growing out of the alleged assault or alienation of his wife's affections and that the said E. M. Walters shall execute and deliver to the Clerk of Superior Court before receiving said money a release in full, releasing the said Ellis Marsh from any further liability growing out of any of the matters set out in the complaint in the civil action filed by E. M. Walters against said defendant.
Thereafter at August Term 1945 of said Superior Court, upon motion of the Solicitor for issuance of capias and commitment upon the sentences imposed at the June Term 1945, and suspended upon conditions above quoted, and after hearing evidence, the court found these facts:
(1) That since the imposition of said sentences, defendant has violated the first condition, that is 'that he violated the criminal laws of North Carolina, and has knowingly permitted to be operated, used, kept in the premises occupied by him as a place of business in the city of Whiteville, in said Columbus County, illegal punchboards as defined by the statutes of this State,' 'that he has permitted the illegal punch-boards, so kept as aforesaid, to be played or used in said place of business,' that he has engaged in selling beer to intoxicated persons and to minors in said place of business, and that he purchased and kept and had in his possession what is referred to in the testimony as 'baseball numbers' which were used as gambling devices, and one hundred twenty illegal punch-boards which did not yield the same return each time used by a customer.
(2) That as to the third condition 'no part of said three thousand dollars has been paid to or received by the clerk of the court from said defendant,--the defendant contending that the requirement that the payment of aforesaid sum as a condition of the suspension of this judgment and sentence is unconstitutional.'
(3) That defendant has not violated the second condition and has complied with fourth condition.
Whereupon the court adjudged and ordered that the conditions upon which execution of said...
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